Criminal Justice and Courts Bill (HL Bill 49)

Criminal Justice and Courts BillPage 140

(a) cause the licence to be delivered to the designated officer
specified in the single justice procedure notice within such
period as the person is allowed for indicating a wish to make
such representations,

(b) 5post it, at such time that in the ordinary course of post it
would be delivered within that period, in a letter duly
addressed to that officer and either registered or sent by the
recorded delivery service, or

(c) if the person indicates a wish to make such representations,
10have the licence with him at the hearing appointed to be held
because of that indication.

(1C) Subsection (1B) does not apply (and subsection (1) applies instead) if,
before the period mentioned in subsection (1B)(a) comes to an end, a
summons is issued under section 16B(3)(b) or 16C(3)(b) of the
15Magistrates’ Courts Act 1980.

(3) In subsection (2)—

(a) for “In subsection (1) above “proper officer” means—” substitute “In
this section—

  • proper officer” means—, and

(b) 20at the end insert—

  • “single justice procedure notice” and “written charge”
    have the same meaning as in section 29 of the
    Criminal Justice Act 2003.

10 In section 8 (duty to include date of birth and sex in written plea of guilty),
25after paragraph (a) (but before “or”) insert—

(aa) serves a written notification on the designated officer for a
magistrates’ court stating a desire to plead guilty and to be
tried in accordance with section 16A of the Magistrates’
Courts Act 1980 (trial by single justice on the papers),.

11 (1) 30Section 27 (production of licence) is amended as follows.

(2) After subsection (4) insert—

(4A) Subsection (3) does not apply where section 7(1B) applies in relation
to the proceedings and the holder of the licence—

(a) has caused a current receipt for the licence issued under
35section 56 to be delivered to the designated officer specified
in the single justice procedure notice within the period
described in section 7(1B)(a),

(b) has posted it to that officer within that period in such manner
as is described in section 7(1B)(b), or

(c) 40surrenders such a receipt to the court at the hearing described
in section 7(1B)(c),

and produces the licence to the court immediately on its return.

(3) In subsection (5)—

(a) for “In subsection (4) above “proper officer” means—” substitute “In
45this section—

  • proper officer” means—, and

Criminal Justice and Courts BillPage 141

(b) at the end insert—

  • “single justice procedure notice” has the same meaning
    as in section 29 of the Criminal Justice Act 2003.

Pension Schemes Act 1993 (c. 48)Pension Schemes Act 1993 (c. 48)

12 (1) 5Section 68 of the Pension Schemes Act 1993 (unpaid premiums:
supplementary) is amended as follows.

(2) In subsection (1), after “1980” insert “or in proceedings conducted in
accordance with section 16A of that Act”.

(3) After subsection (1) insert—

(1A) 10Where subsection (1) applies in relation to a person being tried in
accordance with section 16A of the Magistrates’ Courts Act 1980, the
reference in subsection (1)(b) to the designated officer for the court is
to be treated as including a reference to the designated officer for a
magistrates’ court specified in the single justice procedure notice in
15question.

Vehicle Excise and Registration Act 1994 (c. 22)Vehicle Excise and Registration Act 1994 (c. 22)

13 (1) Section 55 of the Vehicle Excise and Registration Act 1994 (guilty plea by
absent accused and amount payable under section 30 or 36) is amended as
follows.

(2) 20After subsection (2) insert—

(2A) This section also applies if—

(a) a person is convicted of an offence under section 29 or 35A
while being tried in accordance with section 16A of the
Magistrates’ Courts Act 1980 (trial by single justice on the
25papers), and

(b) it is proved to the satisfaction of the court, in the manner
prescribed by Criminal Procedure Rules, that a relevant
notice was served on the accused with the written charge.

(3) In subsection (3)—

(a) 30in paragraph (a), for “in a case within subsection (1)(a)” substitute “if
the offence is an offence under section 29”, and

(b) in paragraph (b), for “in a case within subsection (1)(b)” substitute “if
the offence is an offence under section 35A”.

(4) In subsection (5), for “The court shall not so proceed” substitute “Where this
35section applies by virtue of subsection (1), the court shall not proceed as
described in subsection (4)”.

(5) After subsection (5) insert—

(6) Where this section applies by virtue of subsection (2A), the court
shall not proceed as described in subsection (4) if the written
40notification served by the accused or the legal representative of the
accused in accordance with the single justice procedure notice
includes a statement that the amount specified in the relevant notice
is inappropriate.

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(7) In subsection (6) “single justice procedure notice” has the meaning
given by section 29 of the Criminal Justice Act 2003.

Criminal Justice and Public Order Act 1994 (c. 33)Criminal Justice and Public Order Act 1994 (c. 33)

14 (1) Section 51 of the Criminal Justice and Public Order Act 1994 (intimidation
5etc of witnesses, jurors and others) is amended as follows.

(2) In subsection (9)—

(a) for ““public prosecutor”” substitute ““relevant prosecutor””, and

(b) after ““requisition”” insert “, “single justice procedure notice””.

(3) In subsection (10)(a)(ia)—

(a) 10for “public prosecutor” substitute “relevant prosecutor”, and

(b) after “and requisition” insert “or single justice procedure notice”.

Drug Trafficking Act 1994 (c. 37)Drug Trafficking Act 1994 (c. 37)

15 (1) Section 60 of the Drug Trafficking Act 1994 (Revenue and Customs
prosecutions) is amended as follows.

(2) 15In subsection (6), for ““public prosecutor”” substitute ““relevant
prosecutor””.

(3) In subsection (6A)(aa), for “public prosecutor” substitute “relevant
prosecutor”.

Merchant Shipping Act 1995 (c. 21)Merchant Shipping Act 1995 (c. 21)

16 (1) 20Section 145 of the Merchant Shipping Act 1995 (interpretation of section 144)
is amended as follows.

(2) In subsection (2)(a)(ia), for “public prosecutor” substitute “relevant
prosecutor”.

(3) In subsection (2A), for ““public prosecutor”” substitute ““relevant
25prosecutor””.

Terrorism Act 2000 (c. 11)Terrorism Act 2000 (c. 11)

17 (1) In Schedule 4 to the Terrorism Act 2000 (forfeiture orders), paragraph 11 is
amended as follows.

(2) In sub-paragraph (1)(aa), for “public prosecutor” substitute “relevant
30prosecutor”.

(3) In sub-paragraph (2A), for ““public prosecutor”” substitute ““relevant
prosecutor””.

Proceeds of Crime Act 2002 (c. 29)Proceeds of Crime Act 2002 (c. 29)

18 (1) Section 85 of the Proceeds of Crime Act 2002 (proceedings) is amended as
35follows.

(2) In subsection (1)(aa)—

(a) for “public prosecutor” substitute “relevant prosecutor”, and

(b) after “and requisition” insert “or single justice procedure notice”.

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(3) In subsection (9)—

(a) for ““public prosecutor”” substitute ““relevant prosecutor””, and

(b) after ““requisition”” insert “, “single justice procedure notice””.

Education Act 2002 (c. 32)Education Act 2002 (c. 32)

19 (1) 5Section 141F of the Education Act 2002 (restrictions on reporting alleged
offences by teachers) is amended as follows.

(2) In subsection (15)(b)—

(a) for “public prosecutor” substitute “relevant prosecutor”, and

(b) after “and requisition” insert “or single justice procedure notice”.

(3) 10After subsection (15) insert—

(16) In subsection (15) “relevant prosecutor”, “requisition”, “single justice
procedure notice” and “written charge” have the same meaning as in
section 29 of the Criminal Justice Act 2003.

Crime (International Co-operation) Act 2003 (c. 32)Crime (International Co-operation) Act 2003 (c. 32)

20 15The Crime (International Co-operation) Act 2003 is amended as follows.

21 (1) Section 4A (general requirements for service of written charge or
requisition) is amended as follows.

(2) In the heading, for “or requisition” substitute “etc”.

(3) In subsection (1), after paragraph (b) insert and

(c) 20a single justice procedure notice (within the meaning of that
section).

(4) In subsection (2), for “The written charge or requisition” substitute “Each of
the documents”.

(5) In subsection (3), for “the written charge or requisition”, in both places,
25substitute “the document”.

(6) In subsection (4), for “A written charge or requisition” substitute “Such a
document”.

(7) In subsection (5)—

(a) after “a requisition” insert “or single justice procedure notice”, and

(b) 30after “the requisition” insert “or single justice procedure notice”.

22 (1) Section 4B (service of written charge or requisition otherwise than by post)
is amended as follows.

(2) In the heading, for “or requisition” substitute “etc”.

(3) In subsection (1), for “or requisition” substitute “, requisition or single justice
35procedure notice”.

(4) In subsection (2), for “the written charge or requisition” substitute “the
document”.

(5) In subsection (3)(b), for “the written charge or requisition” substitute “the
document”.

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Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

23 In section 164 of the Criminal Justice Act 2003 (fixing of fines), after
subsection (5)(a) (but before the “or”) insert—

(aa) an offender has been convicted in the offender’s absence in
5proceedings conducted in accordance with section 16A of the
Magistrates’ Courts Act 1980 (trial by single justice on the
papers),.

Section 53

SCHEDULE 12 Further provision about criminal courts charge

10Rehabilitation of Offenders Act 1974 (c. 53)Rehabilitation of Offenders Act 1974 (c. 53)

1 In section 1(3) of the Rehabilitation of Offenders Act 1974 (rehabilitated
persons and spent convictions: definition of sentence), at the end insert—

(c) an order under section 21A of the Prosecution of Offences Act
1985 (criminal courts charge).

15Magistrates’ Courts Act 1980 (c. 43)Magistrates’ Courts Act 1980 (c. 43)

2 The Magistrates’ Courts Act 1980 is amended as follows.

3 In section 82 (restriction on power to impose imprisonment for default), for
subsection (1A) substitute—

(1A) A magistrates’ court may not issue a warrant of commitment in
20reliance on subsection (1)(c) for a default in paying—

(a) a charge ordered to be paid under section 21A of the
Prosecution of Offences Act 1985 (criminal courts charge), or

(b) a surcharge ordered to be paid under section 161A of the
Criminal Justice Act 2003.

4 25In section 108 (right of appeal to the Crown Court), after subsection (4)
insert—

(5) Subsection (3) does not prevent an appeal against an order under
section 21A of the Prosecution of Offences Act 1985 (criminal courts
charge).

30Prosecution of Offences Act 1985 (c. 23)Prosecution of Offences Act 1985 (c. 23)

5 In the Prosecution of Offences Act 1985, at the beginning of the heading of
Part 2 insert “Defence, prosecution and third party”.

Insolvency Act 1986 (c. 45)Insolvency Act 1986 (c. 45)

6 In section 281(4A) of the Insolvency Act 1986 (effect of discharge from
35bankruptcy debts)—

(a) after “fine” insert “imposed for an offence”, and

Criminal Justice and Courts BillPage 145

(b) after “a reference to” insert

(a) a charge ordered to be paid under section 21A of the
Prosecution of Offences Act 1985 (criminal courts
charge), whether on conviction or otherwise;

(b).

Criminal Justice Act 1991 (c. 53)Criminal Justice Act 1991 (c. 53)

7 In section 24(4) of the Criminal Justice Act 1991 (recovery of fines etc from
certain benefits), in the definition of “fine”, after paragraph (b) insert—

  • “(ba)

    a charge ordered to be paid under section 21A of the
    10Prosecution of Offences Act 1985 (criminal courts
    charge);.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

8 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

9 (1) Section 12 (absolute and conditional discharge) is amended as follows.

(2) 15In subsection (7)—

(a) omit “from making an order for costs against the offender or”, and

(b) for “him” substitute “the offender”.

(3) At the end insert—

(8) Nothing in this section shall be construed as preventing a court, on
20discharging an offender absolutely or conditionally in respect of an
offence, from—

(a) making an order under section 21A of the Prosecution of
Offences Act 1985 (criminal courts charge), or

(b) making an order for costs against the offender.

10 25In section 142(1) (power of Crown Court to order search of persons before
it), after paragraph (b) insert—

(ba) the Crown Court makes an order against a person under
section 21A of the Prosecution of Offences Act 1985 (criminal
courts charge),.

30Proceeds of Crime Act 2002 (c. 29)Proceeds of Crime Act 2002 (c. 29)

11 In section 13(3)(a) of the Proceeds of Crime Act 2002 (effect of order on
court’s other powers), after “other than” insert “an order under section 21A
of the Prosecution of Offences Act 1985 (criminal courts charge) or”.

Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

12 35The Criminal Justice Act 2003 is amended as follows.

13 In section 151(5) (community order or youth rehabilitation order for
persistent offender previously fined), before “a compensation order” insert
“an order under section 21A of the Prosecution of Offences Act 1985
(criminal courts charge), or”.

14 40In section 256AC(11) (breach of supervision requirements imposed under
section 256AA: appeal)—

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(a) after “against” insert

(a), and

(b) at the end insert under this section, and

(b) an order made by the court under section 21A of the
5Prosecution of Offences Act 1985 (criminal courts
charge) when dealing with the person under this
section.

15 In Schedule 8 (breach or amendment of community order), in paragraph 9(8)
(appeals)—

(a) 10after “against” insert

(a), and

(b) at the end insert , and

(b) an order made by the court under section 21A of the
Prosecution of Offences Act 1985 (criminal courts
15charge) when imposing that sentence.

16 In Schedule 12 (breach or amendment of suspended sentence order), in
paragraph 9(3) (appeals)—

(a) for “any order made by the court under paragraph 8(2)(a) or (b)”
substitute “each of the following orders”, and

(b) 20at the end insert

(a) an order made by the court under paragraph
8(2)(a) or (b);

(b) an order made by the court under section 21A of
the Prosecution of Offences Act 1985 (criminal
25courts charge) when making an order described in
paragraph (a).

Section 74

SCHEDULE 13 Juries at inquests

Jurors and electronic communications devices

1 30After section 9 of the Coroners and Justice Act 2009 insert—

9A Surrender of electronic communications devices by jurors

(1) A senior coroner holding an inquest with a jury may order the
members of the jury to surrender any electronic communications
devices for a period.

(2) 35An order may be made only if the senior coroner considers that—

(a) the order is necessary or expedient in the interests of justice,
and

(b) the terms of the order are a proportionate means of
safeguarding those interests.

(3) 40An order may only specify a period during which the members of the
jury are—

(a) in the building in which the inquest is being heard,

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(b) in other accommodation provided at the senior coroner’s
request,

(c) visiting a place in accordance with arrangements made for
the purposes of the inquest, or

(d) 5travelling to or from a place mentioned in paragraph (b) or
(c).

(4) An order may be made subject to exceptions.

(5) It is a contempt of court for a member of a jury to fail to surrender an
electronic communications device in accordance with an order under
10this section.

(6) Proceedings for a contempt of court under this section may only be
instituted on the motion of a senior coroner having jurisdiction to
deal with it.

(7) In this section, “electronic communications device” means a device
15that is designed or adapted for a use which consists of or includes the
sending or receiving of signals that are transmitted by means of an
electronic communications network (as defined in section 32 of the
Communications Act 2003).

9B Surrender of electronic communications devices: powers of search etc

(1) 20This section applies where an order has been made under section 9A
in respect of the members of a jury.

(2) A coroners’ officer must, if ordered to do so by a senior coroner,
search a member of the jury in order to determine whether the juror
has failed to surrender an electronic communications device in
25accordance with the order.

(3) Subsection (2) does not authorise the officer to require a person to
remove clothing other than a coat, jacket, headgear, gloves or
footwear.

(4) If the search reveals a device which is required by the order to be
30surrendered—

(a) the officer must ask the juror to surrender the device, and

(b) if the juror refuses to do so, the officer may seize it.

(5) Subject to subsection (6), a coroners’ officer may retain an article
which was surrendered or seized under subsection (4) until the end
35of the period specified in the order.

(6) If a coroners’ officer reasonably believes that the device may be
evidence of, or in relation to, an offence, the officer may retain it until
the later of—

(a) the end of the period specified in the order, and

(b) 40the end of such period as will enable the officer to draw it to
the attention of a constable.

(7) A coroners’ officer may not retain a device under subsection (6)(b)
for a period of more than 24 hours from the time when it was
surrendered or seized.

(8) 45The Lord Chancellor may by regulations make provision as to—

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(a) the provision of written information about coroners’ officers’
powers of retention to persons by whom devices have been
surrendered, or from whom devices have been seized, under
this section,

(b) 5the keeping of records about devices which have been
surrendered or seized under this section,

(c) the period for which unclaimed devices have to be kept, and

(d) the disposal of unclaimed devices at the end of that period.

(9) In this section—

  • 10“electronic communications device” has the same meaning as in
    section 9A;

  • “unclaimed device” means a device retained under this section
    which has not been returned and whose return has not been
    requested by a person entitled to it.

2 (1) 15Part 4 of the Courts Act 2003 (court security officers) is amended as follows.

(2) In section 54A (powers in relation to jurors’ electronic communications
devices) (inserted by section 69 of this Act)—

(a) in subsection (1), after “1974” insert “or section 9A of the Coroners
and Justice Act 2009”,

(b) 20in subsection (2), after “judge” insert “or a senior coroner”, and

(c) for subsection (5) substitute—

(5) In this section—

  • “electronic communications device” means a device that
    is designed or adapted for a use which consists of or
    25includes the sending or receiving of signals that are
    transmitted by means of an electronic
    communications network (as defined in section 32 of
    the Communications Act 2003);

  • “senior coroner” has the same meaning as in the
    30Coroners and Justice Act 2009.

(3) In section 55(1A) (powers to retain articles surrendered or seized) (inserted
by section 69), after “1974” insert “or section 9A of the Coroners and Justice
Act 2009”.

Offences relating to research by jurors etc

3 35Part 1 of Schedule 6 to the Coroners and Justice Act 2009 (offences relating
to jurors at inquests) is amended as follows.

4 Before paragraph 1 insert—

Serving while disqualified, failure to attend etc.

5 After paragraph 5 insert—

40Research by jurors

5A (1) It is an offence for a member of a jury at an inquest to research the
case during the inquest period, subject to the exceptions in sub-
paragraphs (6) and (7).

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(2) A person researches a case if (and only if) the person—

(a) intentionally seeks information, and

(b) when doing so, knows or ought reasonably to know that
the information is or may be relevant to the inquest.

(3) 5The ways in which a person may seek information include—

(a) asking a question,

(b) searching an electronic database, including by means of
the internet,

(c) visiting or inspecting a place or object,

(d) 10conducting an experiment, and

(e) asking another person to seek the information.

(4) Information relevant to the inquest includes information about—

(a) a person involved in events relevant to the inquest,

(b) the senior coroner dealing with the inquest,

(c) 15any other person who is involved in the inquest, whether
as a lawyer, a witness or otherwise,

(d) the law relating to the case,

(e) the law of evidence, and

(f) procedure at inquests.

(5) 20“The inquest period”, in relation to a member of a jury at an
inquest, is the period—

(a) beginning when the person is sworn to inquire into the
case, and

(b) ending when the senior coroner discharges the jury or, if
25earlier, when the senior coroner discharges the person.

(6) It is not an offence under this paragraph for a person to seek
information if the person needs the information for a reason which
is not connected with the case.

(7) It is not an offence under this paragraph for a person—

(a) 30to attend proceedings at the inquest;

(b) to seek information from the senior coroner dealing with
the case;

(c) to do anything which the senior coroner dealing with the
case directs or authorises the person to do;

(d) 35to seek information from another member of the jury,
unless the person knows or ought reasonably to know that
the other member of the jury contravened this paragraph
in the process of obtaining the information;

(e) to do anything else which is reasonably necessary in order
40for the jury to make a determination or finding in the case.

(8) A person guilty of an offence under this paragraph is liable, on
conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both).

(9) Proceedings for an offence under this paragraph may only be
45instituted by or with the consent of the Attorney General.